An area of difference between the roles and remits of the police and the Electoral Commission is in terms of providing guidance.
The police may choose to provide words of advice rather than pursue criminal prosecution in some cases. The Electoral Commission however has a legal duty to take reasonable steps to secure compliance with the law, under which it provides support, advice and guidance.
The Commission may use advice and guidance proactively in order to secure compliance and to give those the Commission regulates a clear understanding of their regulatory requirements, as an alternative to enforcement action.
Before opening any investigation the Commission will consider whether it is proportionate to do so, and whether the use of advice and guidance is more appropriate. The Commission will consider all of the facts of each individual case, but some examples of relevant factors are:
New or inexperienced campaigners who may be unfamiliar with the requirements
Where an isolated incident occurs with an otherwise compliant campaigner
Where matters were rectified quickly by the campaigner